MAHAVEER PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused-petitioner has filed this Criminal Writ Petition under Article 226 of the Constitution of India against the order dated 30.6.2016 passed by the Sessions Judge, Jhunjhunu in Criminal Appeal No.7/2013 whereby the learned appellate Court while dismissing the appeal under Section 33 of the Gram Nyayalaya Act, 2008 (hereinafter to be referred as "the Act") filed by the petitioner upheld and affirmed the judgment and order dated 8.1.2013 passed by the Gram Nyayalaya, Nawalgarh in Criminal Case No.426/2011 whereby the learned trial Court convicted the petitioner for offence under Section 279 IPC and sentenced him to undergo simple imprisonment for six months and fine of Rs.1,000/- and in default thereof to further undergo simple imprisonment for ten days and also convicted for offence under Section 304-A IPC and sentenced him to undergo simple imprisonment for two years and fine of Rs.4,000/- and in default thereof to further undergo simple imprisonment for four months. It was further ordered that both the substantive sentences would run concurrently.

(2.) Brief relevant facts for the disposal of this petition are that complainant-Shri Amar Chand lodged a written report on 26.8.2009 at Police Station Navalgarh with the allegation that on 26.9.2009 at 6.15 PM when his Uncle-Shri Bihari Lal was standing on a road side with his bicycle, a truck bearing registration No.UP-07-C-6900 which was being driven by the petitioner came with a high speed and hit his uncle from behind as a result thereof he died on the spot. It was further alleged that the vehicle was being driven with rashness and negligence. On the basis of the aforesaid report, FIR No.278/2009 for the offences under Sections 279 and 304-A IPC was registered and after investigation charge-sheet was filed against the petitioner. The petitioner was tried for the aforesaid offences and in support of its case prosecution produced oral as well as documentary evidence whereas petitioner in his statement recorded under Section 313 Cr.P.C. (hereinafter to be referred as "the Code") denied the prosecution case but in defence no evidence was produced by him.

(3.) Learned trial Court after considering the submissions made by both the parties and appreciating and evaluating the evidence made available on record held the petitioner guilty for the aforesaid offences and sentenced him accordingly. The appeal filed by the petitioner came to be dismissed as already stated.